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Landmark Judgments and Articles on Law

When Prosecution for Rape charges against husband is liable to be quashed?

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 27669 of 2017 KALPESHPARI HASMUKHPARI GOSWAMI Vs STATE OF GUJARAT CORAM: MR.JUSTICE A.S. SUPEHIA Date : 08/01/2019 1.0 The present application has been filed by the petitioners original accused under Section 482 of the…

Consensual sex with girl below 18 years no offence

IN THE COURT OF SH. DHARMESH SHARMA, ASJ­01, NEW DELHI DISTRICT, PATIALA HOUSE COURTS, NEW DELHI. Date of filing of charge sheet : 14.05.2013 Date of framing of charge : 22.05.2013 Date of final arguments : 05.08.2013 Date of judgment : 17.08.2013 SC No. 66/13…

Consensual sex of live-in partners not rape if man fails to marry

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURSIDICTON CRIMINAL APPEAL NO. 1443 OF 2018 (Arising out of S.L.P. (Criminal) No.6532 of 2018) DR. DHRUVARAM MURLIDHAR SONAR …APPELLANT VERSUS THE STATE OF MAHARASHTRA & ORS. …RESPONDENTS J U D G M E N T S.ABDUL…

Educated Woman Supposed To Be Fully Aware Of Consequences Of Having Sex With A Man Before Marriage.

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU CRMC No. 512/2017, IA Nos. 01/2018, 02/2018, 01/2017 Date of order: 14.12.2018 Sunil Kumar vs State of J&K and anr. Coram:Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge Appearing counsel: For Petitioner(s) : M/s Sanjay Sharma and G….

Decree for restitution of conjugal rights enforces cohabitation but it cannot force Sexual intercourse

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 04, 2016 Judgment Delivered on: October 07, 2016 MAT.APP.(F.C.) 64/2015 SUDHA GUPTA ….. Appellant Represented by: Mr.Om Saran Gupta, Advocate versus HAR PRASAD GUPTA ….. Respondent Represented by: Respondent in person CORAM:…

ADULTERY – NO MAINTENANCE

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY,THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935 Mat.Appeal.No. 15 of 2006 ( ) AGAINST THE ORDER IN OP 112/2002 of FAMILY COURT,KOZHIKODE DATED 19-10-2005 APPELANT/PETITIONER: P.MOHANDAS PANICKER,…

SeX with Consent or Rape – Explained

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1439 OF 2011 STATE OF KARNATAKA ….. APPELLANT :VERSUS: F. NATARAJ ….. RESPONDENT J U D G M E N T Pinaki Chandra Ghose, J. This appeal by special leave has been directed…

In a Private Complaint case the enquiry under Section 202 by the Magistrate is made mandatory

Kerala High Court Moideenkutty Haji And Ors. vs Kunhikoya And Ors. on 20 March, 1987 Bench: S Padmanabhan, K Thomas, K Balakrishnan JUDGMENT Padmanabhan, J. 1. These cases have been referred to a Full Bench to decide the question whether it is mandatory that a…

Sex with a married man with knowledge of his marriage is not rape on Promise to Marry

HIGH COURT OF MADHYA PRADESH, JABALPUR Misc. Criminal Case No.22431 of 2015 State of Madhya Pradesh Vs Gulab Chand Kahar Present : Hon. Shri Justice S.K.Gangele Hon. Shri Justice Anurag Shrivastava Shri Vivek Lakhera, P.L. for petitioner/State. Whether approved for reporting : Yes/No Per Anurag…

No Maintenance, refused to sex

THE HIGH COURT OF MADHYA PRADESH CRR-966-2010 RAJESH KUMAR TIWARI Vs SMT. SEEMA TIWARI Jabalpur, Dated : 16-11-2017 Shri Priyank Choubey, learned counsel for the applicant. Shri Amit Dubey, learned counsel for the respondent. Heard. This petition has been preferred under section 482 of the…

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